HomeMy WebLinkAboutRES CC 2004 2247 2004 0915RESOLUTION NO. 2004 -2247
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING THE CONFLICT OF
INTEREST CODE OF THE CITY OF MOORPARK AND
RESCINDING RESOLUTION NO. 2002 -2020
WHEREAS, the Political Reform Act, Government Code Section
87300, et seq., requires every state and local government agency to
adopt and promulgate a Conflict of Interest Code; and
WHEREAS, the Fair Political Practices Commission (FPPC) has
adopted a regulation which contains the terms of a standard model
Conflict of Interest Code (Title 2, Division 6, California Code of
Regulations, Section 18730), which can be incorporated by reference,
and which may be amended by the FPPC to conform to amendments in the
Political Reform Act after public notice and hearings conducted by
the FPPC pursuant to the Administrative Procedure Act, Government
Code Sections 11370, et seq.; and
WHEREAS, the City Council has determined that the terms of Title
2, Division 6, California Code of Regulations, Section 18730, and any
amendments to it duly adopted by the FPPC, along with the attached
Appendices A and B, accurately set forth the City's Conflict of
Interest Code, including those positions which should be designated,
and the categories of financial interests which should be made
reportable; and
WHEREAS, the persons holding the positions listed in Appendix B
are designated employees, because it has been determined that those
positions make or participate in the making of decisions which may
foreseeably have a material effect on financial interests; and
WHEREAS, the City's Conflict of Interest Code does not establish
any disclosure obligation for the City Councilmembers, Planning
Commissioners, City Manager, City Attorney, and Public Officials who
Manage Public Investments (City Treasurer and Redevelopment Agency
Treasurer), as Government Code Section 87200 et seq. requires such
disclosure as a matter of state law, nor does the City's Conflict of
Interest Code include a position which is solely clerical,
ministerial or manual, or any unsalaried member of a board or
commission which is solely advisory; and
WHEREAS, the City Council has previously designated positions
and disclosure categories in Resolution No. 2002 -2020, which now
needs to be rescinded and an updated Conflict of Interest Code
adopted, and the City Council determines that the attached Appendices
accurately set forth those positions which should be designated and
categories of financial interest which should be made reportable.
Resolution No. 2004 -2247
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The terms of Title 2, Division 6, California Code of
Regulations, Section 18730, and any amendments to it duly adopted by
the FPPC are hereby incorporated by reference and along with the
attached Appendices A and B, in which employees, officials, and
consultants are designated and disclosure categories are set forth,
constitute the Conflict of Interest Code for the City of Moorpark.
If any of the positions listed in Appendix A have a change of title,
or if a position is transferred from one City department or office to
another, the filing requirement and disclosure category shall remain
the same until the next update of the City's Conflict of Interest
Code.
SECTION 2. Persons holding designated positions shall file a
Statement of Economic Interests pursuant to Section 4 of the Conflict
of Interest Code (Title 2, Division 6, California Code of
Regulations, Section 18730). The City Clerk shall carry out the
duties of Filing Officer for the City Council, which is the Code
Reviewing Body.
SECTION 3. Resolution No. 2002 -2020 is hereby rescinded.
SECTION 4. The City Clerk shall forward a copy of this
resolution to the FPPC.
SECTION 5. The City Clerk shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in the
book of original resolutions.
PASSED AND ADOPTED this 15t.
ATTEST:
Deborah S. Traffenste City Clerk
Attachment: Appendices A and B
Resolution No. 2004 -2247
Page 3
APPENDIX A
CITY OF MOORPARK
CONFLICT OF INTEREST CODE
DESIGNATED EMPLOYEES
Designated
Positions Disclosure
Category
I. Assistant
City Manager
1
1.
Management Analyst
1
2.
Senior Management Analyst
1
II. Administrative
Services Department
4
1.
Accountant I
1
2.
Accountant II
1
3.
Administrative Services Director
1
4.
Administrative Services Manager
1
5.
Administrative Services Technician
2
6.
Budget and Finance Manager
1
7.
Deputy City Manager
1
8.
Information Systems Manager
1
9.
Information Systems Supervisor
1
III. City Clerk's Department
1.
Assistant to City Manager /City Clerk
1
2.
Assistant City Clerk
1
3.
Deputy City Clerk I
3
4.
Deputy City Clerk II
3
5.
Human Resources Analyst
4
6.
Human Resources Assistant
4
IV. Community Development Department
1.
Assistant Planner
1
2.
Associate Planner
1
3.
Building Inspector
1*
4.
Building Official
1*
5.
Code Enforcement Officer I
1
6.
Code Enforcement Officer II
1
7.
Community Development Director
1
8.
Construction Administrator
1*
9.
Planning Manager
1
10.
Planning Technician II
1
11.
Principal Planner
1
12.
Senior Building Inspector
1*
13.
Senior Management Analyst
1
14.
Senior Planner
1
V. Community
Services Department
1.
Community Services Director
1
2.
Community Services Technician
5
3.
Maintenance Supervisor
6
4.
Management Analyst
1
5.
Management Assistant
1
6.
Recreation Coordinator I
7
7.
Recreation Coordinator II
7
8.
Recreation Manager
1
Resolution No. 2004 -2247
Page 4
Designated Positions Disclosure Category
9.
Recreation Supervisor
7
10.
Senior Center Coordinator
8
11.
Senior Maintenance Worker
6
12.
Senior Management Analyst
1
13.
Vector /Animal Control Specialist
9
VI. Public
Works and City Engineer Departments
Redevelopment
1.
Assistant City Engineer
1*
2.
Associate Engineer
1*
3.
City Engineer
1
4.
Civil Engineer
1*
5.
Management Analyst
1
6.
Public Works Director
1
7.
Public Works Supervisor
1
8.
Senior Maintenance Worker
6
9.
Senior Management Analyst
1
10.
Traffic Engineer
1*
VII. Redevelopment Agency
1.
Redevelopment
Agency Counsel
1*
2.
Redevelopment
Agency Executive Director
1
3.
Redevelopment
Agency Consultants
1*
4.
Redevelopment
Manager
1
5.
Redevelopment
Agency Secretary
1
6.
Senior Management Analyst
1
VIII. Parks & Recreation Commission Members
IX. Assistant City Attorney 1*
Other Designated Consultants 1*
* The Fair Political Practice Commission Regulation (2 California Code of Regulations Section
18700) defines "consultant" as an individual who, pursuant to a contract with a state or local
government agency:
(A) Makes a governmental decision whether to:
(i) Approve a rate, rule or regulation;
(ii) Adopt or enforce a law;
(iii) Issue, deny, suspend, or revoke any permit, license, application, certificate,
approval, order or similar authorization or entitlement;
(iv) Authorize the agency to enter into, modify or renew a contract provided it is the
type of contract which requires agency approval;
(v) Grant agency approval to a contract which requires agency approval and in which the
agency is a party or to the specifications for such a contract;
(vi) Grant agency approval to a plan, design, report, study or similar item;
(vii) Adopt, or grant agency approval of, policies, standards, or guidelines for the
agency, or for any subdivision thereof; or
(B) Serves in a staff capacity with the agency and in that capacity performs the same or
substantially all the same duties for the agency that would otherwise be performed by an
individual holding a position specified in the agency's Conflict of Interest Code.
Consultants shall be included in the list of designated positions and shall disclose pursuant
to Category 1, subject to the following limitation:
The City Manager may determine in writing that a particular consultant, although a "designated
position," is hired to perform a range of duties that is limited in scope and thus is not
required to fully comply with the disclosure requirements described in this section. Such
written determination shall include a description of the consultant's duties and, based upon
that description, a statement of the extent of disclosure requirements. The City Manager's
determination is a public record and shall be retained for public inspection in the same manner
and location as this Conflict of Interest Code.
Resolution No. 2004 -2247
Page 5
APPENDIX B
CITY OF MOORPARK
CONFLICT OF INTEREST CODE
DISCLOSURE CATEGORIES
Category 1
Any investment or interest in real property, any loan, any gift, or any
income in which the "designated employee" or spouse has an interest
within the jurisdiction of the City of Moorpark, as defined in this Code;
and any investments in business entities or income from sources which
provide supplies, equipment or services of the type utilized by the
department or division for which the Designated Employee is assigned.
*Disclosure by Consultants
Consultants shall be included in the list of designated employees and
shall disclose pursuant to Category 1, subject to the following
limitation:
The City Manager may determine in writing that a particular consultant,
although a "designated position," is hired to perform a range of duties
that is limited in scope and thus is not required to fully comply with
the disclosure requirements in this section. Such written determination
shall include a description of the consultant's duties and, based upon
that description, a statement of the extent of disclosure requirements.
The City Manager's determination is a public record and shall be retained
for public inspection in the same manner and location as this Conflict of
Interest Code.
Category 2
Any investment in, or income from, as defined by the Code, any person or
business entity which provides services, goods or equipment involving
purchasing of supplies, equipment, or services, including but not limited
to maintenance of City equipment such as telephones and copiers and
purchasing of City office supplies and equipment.
Category 3
Any investment in, or interest from, as defined by the Code, any person
or business entity which provides services, goods or equipment involving
municipal elections, printing services, records management, or
preparation of minutes or transcripts.
Resolution No. 2004 -2247
Page 6
Category 4
Any investment in, or income from, as defined by the Code, any person or
business entity which provides human resources and risk management
related services, goods or equipment including but not limited to
recruitment, testing, selection or placement, temporary staffing, and
insurance and other benefit programs.
Category 5
Any investment in, or income from, as defined by the Code, any person or
business entity which provides public transit, solid waste, recycling, or
household hazardous waste related services, goods or equipment including
but not limited to bus and taxi services, solid waste franchise services,
and household hazardous waste cleanup type services.
Category 6
Any investment in, or income from, as defined by the Code, any person or
business entity which provides parks and recreation and public works
maintenance related services, goods, or equipment, including but not
limited to maintenance of parks, City -owned facilities /buildings, streets
and other public right -of -way.
Category 7
Any investment in, or income from, as defined by the Code, any person or
business entity which provides parks and recreation related services,
goods, or equipment, including but not limited contract instructor
services, recreation and special event services and supplies, playground
equipment, day care and teen event services and supplies.
Category 8
Any investment in, or income from, as defined
business entity which provides services, goods,
including but not limited contract instructor
and special event services and supplies.
Category 9
by the Code, any person or
or equipment for seniors,
services, and recreation
Any investment in, or income from, as defined by the Code, any person or
business entity which provides vector and /or animal control related
services, goods, or equipment.
Resolution No. 2004 -2247
Page 7
STATE OF CALIFORNIA )
COUNTY OF VENTURA )
CITY OF MOORPARK )
ss.
I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that the
foregoing Resolution No. 2004 -2247 was adopted by the City Council of
the City of Moorpark at a regular meeting held on the 15th day of
September, 2004, and that the same was adopted by the following vote:
AYES: Councilmembers Harper, Mikos, Millhouse, Parvin and
Mayor Hunter
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 7th day
of October, 2004.
Deborah S. Traffenstedt, City Clerk
(seal)